Daily Republican., 1887-12-13
SUPERIOR COURT.
The Case OF Matthews ". smith. tc
Recover For SODA water Fountain
An IItsresting charge.

The Case OF Mathews ". sm,tb tn
Recover For . soda water Fountain
An iItsresting Charge.
Court resumed proceedings st q
O'Clock Yesterday afternoon, with Chief
Justice Comeeya and Associate Judaes
Houston and PAyntsr on the bench.
The case Of Elizabeth Matthews, et.
al., trading - John Matthews, va.
Gefrett g. Smith, WAS again taken up
and MI. Ward proceeded with his cite.
tions and commenced his argument to
the jury at 8 40 o'clock. Mr.. Ward
closed at o'closk, and was followed
by w. 8. Phckets, Esq for the de-
feudant. This was M. Prickstt's
maiden effort before . Jury, and he
made m excellent argum On tative I'd !.
dress, presenting . number OF strope
points for the consideration Of the iury.
Mr.. Pickett spoke for fifteen min zen
and was followed BY Mr.. vAndeprift.
Who continued to speak until $50
Mr.. Conrad made the closing arRu.
ment for the plaintiff, and when he
concluded Ut 8 10 O'Clock, the Jury ware
charged By the Chief Justice, whs after
stating tbs case read the contract, which
provided that Mathews could at any
time, III the notes aiven for this machine
were not paid, enter any place where
the machtne was and seize IL without
proctss o! law. This, the Chief Justice
said. was an extraordinary agreement
and contrary to the common law. These
contracts were unknown In this State
until q few years ago. but rs they have
been held TO be valid in other States,
the court has deemed 1t wise to do the
same here. but In no case will q liberal
construction be placed upon contracts
OF this nature. When property is de
livered to another he, 90 the possessor
10 supposed TO be the owner, aud In thii
way he enjoys q great nd vantage, white
the one'S dealing with him are st ar
equal disadvantage, as 1t is customary
wnere parsons have 70 real estate t
give them credit on their goods.
Still, as these contracts have beer
recognized In this State, the agents o
John Matthews had q right, wher
these notes were unpaid, to posses
Themselves Of this property. But II
this case the place where the fountain
WAS sold to another party, ant
alter that Mr.. Conrad accepted othe
notes, In payment for those which hat
not been paid. There was no Actiol
taken by the plaintiff to repossess him
; self OF this property until long afte
these notes had fallen due, and tee
unpaid. In the meantime the defend
ant, who had purchased this fountat
; without knowing that there was IN
claim, remained In undisputed possei
sion Of IL. II man sells auothe
property, against which there sr
claims, add eays nothing about tn n
he 10 gaity of effectiDg fraudulen
sale THIS right, such as the plAinti
reserved for the retaking Of the prof.
erty, to be valid N ust be asserted with
IN q reazonab'e time. and as this wa
not done in this case the plaintiff
not entitled 10 recover, and the verdiC
% net be for the defendant.
lThe ju;y in accordance with these II
strucSions Of the cour. rendered . ve
diet for tho defendants without leavin
the box.
q A Jury was then drawn In the case {
Ellwood Souder w. Buck & ShoemAke
with Lore & Emmons for the plAintit
and johnson & Hayes for the defen'
ants This 10 another mechanics' lie
cige, In which suit Is brought by u
plAintifi to recover for work and lab
At the Academy Of Music.
A few minutes before 6 o'clock cou
took recess until 10 o'clock this NOR
. lag.